Romeo v. Union Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Yew York, first district, borough of The Bronx, rendered in favor of the plaintiff.
1Opinion of the CourtMacLean, J.
Without commenting upon the indications in the plaintiff’s testimony as to his taking care or no care at all to avoid being struck by a car from behind, and as to inferences respecting his care or carelessness in coming into a place of peril (Dooley v. Union Railway Co., 106 App. Div. 397, 399.), it is to be said that the issue of contributory negligence, under the evidence in the case, was erroneously withdrawn or too much withdrawn from the jury by the instruction of the learned justice: “ I am going to charge you *579here that if he was proceeding down the track and a car was coming behind him…
2Cases cited2 opinions
- Maher v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Dooley v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905